Young offenders in England and Wales could be spared lifelong disclosure of childhood convictions

The Ministry of Justice has launched a consultation on changes that would mean criminal records for people under 18 would no longer show up for life during employer background checks. The proposed rules would apply to those who have not reoffended as adults.

The changes come as the government prepares to publish a report on the number of young people not in work or education. In May, its author, former Labour minister Alan Milburn, warned the UK risked raising a "lost generation", with almost one in eight young people not working or studying. Justice minister Jake Richards pointed to that intervention, saying barriers to employment can be "particularly difficult to overcome" for people who committed crimes as children.

Currently, the length of time a criminal record must be disclosed varies by offence severity, punishment and time elapsed. A conviction leading to a custodial sentence for a child must be disclosed for life. The government wants to reduce the number of young people those rules apply to.

Five offences would be removed from the list of crimes that require lifelong disclosure if committed by a child: affray, violent disorder, supplying a controlled drug to a child, robbery, and assaults occasioning actual bodily harm. Between March 2022 and March 2026, around 8,500 under-18s were convicted of these offences, according to ministry data. The government said such crimes are often a result of peer pressure, exploitation and "adolescent impulsivity" by individuals who are still developing, rather than a broader propensity for crime and violence.

Under the proposals, these offences would cease to show up in checks after five and a half years. Lifelong disclosure would also be removed for offences leading to detention of less than two years, replaced by an 11-year disclosure period. If a child was given a sentence longer than two years, which can only happen if the crime’s severity meant they were dealt with by an adult crown court, the current rules would remain. The most serious crimes, including severe violence, terrorism-related crimes and sexual offences, would be exempted from the reforms.

Other changes include cutting or removing disclosure periods for offences that led to a fine, ending automatic disclosure of out-of-court resolutions, and reforming how multiple childhood offences appear in checks.

Richards said: "Many young people who offend do not go on to lead lives of crime. They take responsibility, turn their lives around and want to make something of themselves. When they do, we should recognise that progress and support them – not put unnecessary barriers in their way."

Campaigners welcomed the proposals, saying they would boost youth employment. Companies say criminal convictions are the second biggest barrier to hiring people from disadvantaged backgrounds.